
Abhishek Raja Tax Wisdom by ARR (FREE)
May 18, 2025 at 03:11 PM
वचनेशते नापि वस्तुनोऽन्यथाकरणशक्ते:
Continuing the journey of learning Sanskit Maxims, this week's maxim is: Vachane Shate Naapi Vastu No Anyathakaranashakte:
English Meaning: A fact cannot be altered by a hundred texts.
अगर पसंद आये और कुछ अलग करने की कोशिश अच्छी लगे, तो liek & share कर देना !!
Essence of the Maxim:
This Sanskrit maxim expresses a fundamental principle in law and jurisprudence: "Once a fact has occurred, no amount of textual or theoretical discussion can undo or alter it." It recognises the primacy of factual reality over theoretical constructs or rules.
Equivalent Latin Maxim
“Quod fieri non debuit, factum valet”
(That which ought not to have been done, yet being done, is valid)
Also referred to by the shorthand: "Factum Valet".
Application in Legal Context
Recognition of Completed Facts:
Even if something has been done contrary to the law, if the act is completed and irreversible, and rights have been created, the law may recognise its validity to prevent greater injustice.
Doctrine of Factum Valet in Hindu Law:
This maxim has found considerable application in Hindu personal law, especially in validating marriages that may not comply with all ceremonial requirements.
For example: A marriage lacking some formalities, if consummated and lived through, may still be treated as valid under this doctrine.
De facto vs. De jure:
The maxim reflects the principle that de facto realities sometimes override de jure norms, especially when attempting to reverse the fact would cause injustice, hardship, or disrupt settled rights.
Estoppel and Finality:
The maxim can also support principles of estoppel, where a person may be barred from denying a fact which has already occurred and been accepted or relied upon.
Conclusion:
“वचनेशते नापि वस्तुनोऽन्यथाकरणशक्ते” is a powerful reminder that law is not just about what should be, but what is. This maxim protects the sanctity of facts and discourages endless legal disputation that attempts to undo what has been factually established. The Latin counterpart “Factum Valet” complements this thought in Western legal tradition.
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Abhishek Raja Ram
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